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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3111 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 209
116th CONGRESS
  1st Session
                                H. R. 3111

                          [Report No. 116-261]

To make administrative reforms to the National Flood Insurance Program 
to increase fairness and accuracy and protect the taxpayer from program 
                fraud and abuse, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2019

Ms. Velazquez introduced the following bill; which was referred to the 
                    Committee on Financial Services

                            October 28, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on June 5, 
                                 2019]

_______________________________________________________________________

                                 A BILL

 
To make administrative reforms to the National Flood Insurance Program 
to increase fairness and accuracy and protect the taxpayer from program 
                fraud and abuse, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Flood 
Insurance Program Administrative Reform Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Pilot program for properties with preexisting conditions.
Sec. 3. Penalties for fraud and false statements in the National Flood 
                            Insurance Program.
Sec. 4. Enhanced policyholder appeals process rights.
Sec. 5. Deadline for approval of claims.
Sec. 6. Litigation process oversight and reform.
Sec. 7. Prohibition on hiring disbarred attorneys.
Sec. 8. Technical assistance reports.
Sec. 9. Improved disclosure requirement for standard flood insurance 
                            policies.
Sec. 10. Reserve Fund amounts.
Sec. 11. Sufficient staffing for Office of Flood Insurance Advocate.
Sec. 12. Federal Flood Insurance Advisory Committee.
Sec. 13. Interagency guidance on compliance.
Sec. 14. GAO study of claims adjustment practices.
Sec. 15. GAO study of flood insurance coverage treatment of earth 
                            movement.
Sec. 16. Definitions.

SEC. 2. PILOT PROGRAM FOR PROPERTIES WITH PREEXISTING CONDITIONS.

    Section 1311 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4018) is amended by adding at the end the following new subsection:
    ``(c) Pilot Program for Investigation of Preexisting Structural 
Conditions.--
            ``(1) Voluntary program.--The Administrator shall carry out 
        a pilot program under this subsection to provide for companies 
        participating in the Write Your Own program (as such term is 
        defined in section 1370(a) (42 U.S.C. 4121(a))) to investigate 
        preexisting structural conditions of insured properties and 
        potentially insured properties that could result in the denial 
        of a claim under a policy for flood insurance coverage under 
        this title in the event of a flood loss to such property. 
        Participation in the pilot program shall be voluntary on the 
        part of Write Your Own companies.
            ``(2) Investigation of properties.--Under the pilot program 
        under this subsection, a Write Your Own company participating 
        in the program shall--
                    ``(A) provide in policies for flood insurance 
                coverage under this title covered by the program that, 
                upon the request of the policyholder, the company shall 
                provide for--
                            ``(i) an investigation of the property 
                        covered by such policy, using common methods, 
                        to determine whether preexisting structural 
                        conditions are present that could result in the 
                        denial of a claim under such policy for flood 
                        losses; and
                            ``(ii) if such investigation is not 
                        determinative, an on-site inspection of the 
                        property to determine whether such preexisting 
                        structural conditions are present;
                    ``(B) upon completion of an investigation or 
                inspection pursuant to subparagraph (A) that determines 
                that such a preexisting structural condition is present 
                or absent, submit a report to the policyholder and 
                Administrator describing the condition; and
                    ``(C) impose a surcharge on each policy described 
                in subparagraph (A) in such amount that the 
                Administrator determines is appropriate to cover the 
                costs of investigations and inspections performed 
                pursuant to such policies and reimburse Write Your Own 
                companies participating in the program under this 
                subsection for such costs.
            ``(3) Interim report.--Not later than December 31, 2023, 
        the Administrator shall submit a report to the Committee on 
        Financial Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        describing the operation of the pilot program to that date.
            ``(4) Sunset.--The Administrator may not provide any policy 
        for flood insurance described in paragraph (2)(A) after 
        December 31, 2024.
            ``(5) Final report.--Not later than March 31, 2025, the 
        Administrator shall submit a final report regarding the pilot 
        program under this section to the Committee on Financial 
        Services of the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate. The report 
        shall include any findings and recommendations of the 
        Administrator regarding the pilot program.''.

SEC. 3. PENALTIES FOR FRAUD AND FALSE STATEMENTS IN THE NATIONAL FLOOD 
              INSURANCE PROGRAM.

    Part C of chapter II of the National Flood Insurance Act of 1968 
(42 U.S.C. 4081 et seq.) is amended by adding at the end the following 
new section:

``SEC. 1349. PENALTIES FOR FRAUD AND FALSE STATEMENTS IN THE NATIONAL 
              FLOOD INSURANCE PROGRAM.

    ``(a) Prohibited Acts.--A person shall not knowingly make a false, 
fictitious, or fraudulent statement, production, or submission in 
connection with the proving or adjusting of a claim for flood insurance 
coverage made available under this Act. Such prohibited acts include--
            ``(1) knowingly forging an engineering report, claims 
        adjustment report or technical assistance report used to 
        support a claim determination;
            ``(2) knowingly making any materially false, fictitious, or 
        fraudulent statement or representation in an engineering 
        report, claims adjustment report, or technical assistance 
        report to support a claim determination that results in a 
        wrongful denial or substantial payment error of flood insurance 
        coverage; and
            ``(3) knowingly submitting a materially false, fictitious, 
        or fraudulent claim that results in wrongful payment of flood 
        insurance coverage.
    ``(b) Definition.--For purposes of this section, the term 
`knowingly' means having actual awareness of the prohibitions under 
this part and acting deliberately in violation of such prohibitions.
    ``(c) Administrative Remedy.--Prior to any legal action being taken 
related to this section, all administrative remedies shall be 
exhausted.
    ``(d) Rule of Construction.--This section shall not be construed--
            ``(1) to prevent the Federal Government from bringing 
        action against a company or individual under applicable 
        statutes, including the False Claims Act; and
            ``(2) as creating any action, private right of action, or 
        remedy not otherwise provided by this title or under Federal 
        law.
    ``(e) State Action.--Any person found to have violated subsection 
(a) shall be referred to the appropriate and relevant State licensing 
agency by the Attorney General.''.

SEC. 4. ENHANCED POLICYHOLDER APPEALS PROCESS RIGHTS.

    (a) Establishment.--Part C of chapter II of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4081 et seq.), as amended by the 
preceding provisions of this Act, is further amended by adding at the 
end the following new section:

``SEC. 1350. APPROVAL OF DECISIONS RELATING TO FLOOD INSURANCE 
              COVERAGE.

    ``(a) In General.--The Administrator shall establish an appeals 
process to enable holders of a flood insurance policy provided under 
this title to appeal decisions, with respect to the disallowance, in 
whole or in part, of any claims for losses covered by flood insurance. 
Such appeals shall be limited to the claim or portion of the claim 
disallowed.
    ``(b) Appeal Decision.--Upon a decision in an appeal under 
subsection (a), the Administrator shall provide the policyholder with a 
written appeal decision. The appeal decision shall explain the 
Administrator's determination to uphold, modify, or overturn the 
decision. The Administrator may direct the Write Your Own company to 
take action necessary to resolve the appeal, to include re-inspection, 
re-adjustment, or payment, as appropriate.
    ``(c) Deadline for Appeals Decision.--The Administrator shall issue 
an appeals decision pursuant to subsection (b) not later than the 
expiration of the 120-day period beginning upon the day on which the 
Administrator acknowledges receipt of a request by the policyholder to 
pursue an appeal of the initial determination regarding approval, 
disapproval, or amount of payment by the Administrator. In cases where 
extraordinary circumstances, as established by regulation, are 
demonstrated, the 120-day period may be extended by additional 
successive periods of 30 days.
    ``(d) Administrative Remedy.--A policyholder shall exhaust all 
administrative remedies, including submission of disputed claims to 
appeal under subsection (a), prior to commencing legal action on a 
disputed claim.
    ``(e) Rules of Construction.--This section shall not be construed 
as--
            ``(1) making the Federal Emergency Management Agency or the 
        Administrator a party to the flood insurance contract; or
            ``(2) creating any action or remedy not otherwise provided 
        by this title.
    ``(f) Policyholder Litigation.--This section shall not be construed 
to prevent a policyholder from bringing legal action against the 
Federal Emergency Management Agency or a Write Your Own company 
following the exhaustion of all administrative remedies and pursuant to 
applicable statute.''.
    (b) Maintenance of Litigation Rights.--Section 1341 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4072) is amended by adding after 
the period at the end the following: ``For purposes of this section, 
the time from which the Administrator has acknowledged receipt of a 
request by the policyholder to pursue an appeal of the initial 
determination regarding approval, disapproval, or amount of payment by 
the Administrator until the Administrator mails a final determination 
of such appeal shall not be considered towards the one year statute of 
limitation under this Act. However, this section shall not be construed 
as creating any action or remedy not otherwise provided by this 
title.''.
    (c) Repeal.--Section 205 of the Bunning-Bereuter-Blumenauer Flood 
Insurance Reform Act of 2004 (42 U.S.C. 4011 note) is hereby repealed.

SEC. 5. DEADLINE FOR APPROVAL OF CLAIMS.

    (a) In General.--Section 1312 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4019) is amended--
            (1) in subsection (a), by striking ``The Administrator'' 
        and inserting ``Subject to other provisions of this section, 
        the Administrator''; and
            (2) by adding at the end the following new subsection:
    ``(d) Deadline for Approval of Claims.--
            ``(1) In general.--The Administrator shall provide that, in 
        the case of any claim for damage to or loss of property under 
        flood insurance coverage made available under this title, an 
        initial determination regarding approval of a claim for payment 
        or disapproval of the claim be made, and notification of such 
        determination be provided to the insured making such claim, not 
        later than the expiration of the 120-day period (as such period 
        may be extended pursuant to paragraph (2)) beginning upon the 
        day on which the policyholder submits a signed proof of loss 
        detailing the damage and amount of the loss. Payment of 
        approved claims shall be made as soon as possible after such 
        approval.
            ``(2) Extension of deadline.--The Administrator shall--
                    ``(A) provide that the period referred to in 
                paragraph (1) may be extended by additional successive 
                periods of 30 days in cases where extraordinary 
                circumstances are demonstrated; and
                    ``(B) establish, by regulation, criteria for 
                demonstrating such extraordinary circumstances.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to any claim under flood insurance coverage made available under 
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) 
pending on the date of the enactment of this Act and any claims made 
after such date of enactment.

SEC. 6. LITIGATION PROCESS OVERSIGHT AND REFORM.

    (a) In General.--Part C of chapter II of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4081 et seq.), as amended by the 
preceding provisions of this Act, is further amended by adding at the 
end the following new section:

``SEC. 1351. OVERSIGHT OF LITIGATION.

    ``(a) Oversight.--The Administrator shall monitor and oversee 
litigation conducted by Write Your Own companies arising under 
contracts for flood insurance sold pursuant to this title, to ensure 
that--
            ``(1) litigation expenses are reasonable, appropriate, and 
        cost-effective; and
            ``(2) Write Your Own companies comply with guidance and 
        procedures established by the Administrator regarding the 
        conduct of litigation.
    ``(b) Denial of Reimbursement for Expenses.--The Administrator may 
deny reimbursement for litigation expenses that are determined to be 
unreasonable, excessive, contrary to guidance issued by the 
Administrator, or outside the scope of any arrangement entered into 
with a Write Your Own company.
    ``(c) Joint Defense.--
            ``(1) Authority.--The Administrator and the Write Your Own 
        companies may enter into, and operate under, a joint defense 
        agreement for any claim or lawsuit, or multiple claims or 
        lawsuits, arising under a contract of flood insurance.
            ``(2) Free flow of information.--Under such joint defense 
        agreement, there may be the free flow of information between 
        the Write Your Own companies, the Administrator, the United 
        States Department of Justice, and legal counsel for the Write 
        Your Own companies for the purpose of litigation coordination 
        and to allow the Administrator to perform oversight 
        responsibility of such litigation.
            ``(3) Arrangement.--Such joint defense agreement may be 
        included in the Arrangement between the Administrator and the 
        Write Your Own companies.
            ``(4) Regulations.--The Administrator may issue rules or 
        regulations or provide such formal guidance as the 
        Administrator considers necessary and appropriate in order to 
        further such joint defense agreement with the Write Your Own 
        companies.''.
    (b) Implementation.--The Administrator of the Federal Emergency 
Management Agency shall initiate compliance with section 1351(c) of the 
National Flood Insurance Act of 1968, as added by the amendment made by 
subsection (a) of this section, not later than the expiration of the 
12-month period beginning on the date of the enactment of this Act.

SEC. 7. PROHIBITION ON HIRING DISBARRED ATTORNEYS.

    Part C of chapter II of the National Flood Insurance Act of 1968 
(42 U.S.C. 4081 et seq.), as amended by the preceding provisions of 
this Act, is further amended by adding at the end the following new 
section:

``SEC. 1352. PROHIBITION ON HIRING DISBARRED ATTORNEYS.

    ``The Administrator may not at any time newly employ in connection 
with the flood insurance program under this title any attorney who has 
been suspended or disbarred by any court, bar, or Federal or State 
agency to which the individual was previously admitted to practice.''.

SEC. 8. TECHNICAL ASSISTANCE REPORTS.

    (a) Use.--Section 1312 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4019), as amended by the preceding provisions of this Act, 
is further amended by adding at the end the following new subsection:
    ``(e) Use of Technical Assistance Reports.--When adjusting claims 
for any damage to or loss of property which is covered by flood 
insurance made available under this title, the Administrator may rely 
upon technical assistance reports, as such term is defined in section 
1312A, only if such reports are final and are prepared in compliance 
with applicable State and Federal laws regarding professional licensure 
and conduct.''.
    (b) Disclosure.--The National Flood Insurance Act of 1968 is 
amended by inserting after section 1312 (42 U.S.C. 4019) the following 
new section:

``SEC. 1312A. DISCLOSURE OF TECHNICAL ASSISTANCE REPORTS.

    ``(a) In General.--Notwithstanding section 552a of title 5, United 
States Code, upon request by a policyholder, the Administrator shall 
provide a true, complete, and unredacted copy of any technical 
assistance report that the Administrator relied upon in adjusting and 
paying for any damage to or loss of property insured by the 
policyholder and covered by flood insurance made available under this 
title. Such disclosures shall be in addition to any other right of 
disclosure otherwise made available pursuant such section 552a or any 
other provision of law.
    ``(b) Direct Disclosure by Write Your Own Companies and Direct 
Servicing Agents.--A Write Your Own company or direct servicing agent 
in possession of a technical assistance report subject to disclosure 
under subsection (a) may disclose such technical assistance report 
without further review or approval by the Administrator.
    ``(c) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Policyholder.--The term `policyholder' means a person 
        or persons shown as an insured on the declarations page of a 
        policy for flood insurance coverage sold pursuant to this 
        title.
            ``(2) Technical assistance report.--The term `technical 
        assistance report' means a report created for the purpose of 
        furnishing technical assistance to an insurance claims adjuster 
        assigned by the National Flood Insurance Program, including by 
        engineers, surveyors, salvors, architects, and certified public 
        accounts.''.

SEC. 9. IMPROVED DISCLOSURE REQUIREMENT FOR STANDARD FLOOD INSURANCE 
              POLICIES.

    (a) In General.--Section 100234 of the Biggert-Waters Flood 
Insurance Reform Act of 2012 (42 U.S.C. 4013a) is amended by adding at 
the end the following new subsections:
    ``(c) Disclosure of Coverage.--
            ``(1) Disclosure sheet.--Each policy under the National 
        Flood Insurance Program shall include a standard disclosure 
        sheet that is produced by the Administrator that sets forth, in 
        plain language--
                    ``(A) the definition of the term `flood' for 
                purposes of coverage under the policy;
                    ``(B) a description of what type of flood forces 
                are necessary so that losses from an event are covered 
                under the policy, including overflow of inland or tidal 
                waves, unusual and rapid accumulation or runoff of a 
                surface any source, and mudflow;
                    ``(C) a statement acknowledging that a standard 
                flood insurance policy does not cover basement 
                improvements, such as finished walls, floors, and 
                ceilings, or personal property kept in a basement;
                    ``(D) a statement acknowledging a standard flood 
                insurance policy does not include coverage for personal 
                property, but such coverage may be purchased, for some 
                personal property contained in a basement, as well as 
                personal belongings contained elsewhere in the 
                dwelling;
                    ``(E) a statement of the other types and 
                characteristics of losses that are not covered under 
                the policy;
                    ``(F) a statement that the disclosure sheet 
                provides general information about the policyholder's 
                standard flood insurance policy;
                    ``(G) a statement that the standard flood insurance 
                policy, together with the endorsements and declarations 
                page, make up the official contract and are controlling 
                in the event that there is any difference between the 
                information on the disclosure sheet and the information 
                in the policy;
                    ``(H) a statement that, if the policyholder has any 
                questions regarding information in the disclosure sheet 
                or policy, the policyholder should contact the entity 
                selling the policy on behalf of the Program, together 
                with contact information sufficient to allow the 
                policyholder to contact such entity; and
                    ``(I) any other information that the Administrator 
                determines will be helpful to policyholder in 
                understanding flood insurance coverage.
            ``(2) Acknowledgment sheet.--Each policy application under 
        the National Flood Insurance Program shall include an 
        acknowledgment sheet on which the policyholder shall 
        affirmatively--
                    ``(A) acknowledge that the policyholder received 
                the disclosure sheet required under paragraph (1);
                    ``(B) accept or decline coverage for personal 
                property;
                    ``(C) accept or decline other optional coverage 
                that may be available;
                    ``(D) acknowledge the policyholder's understanding 
                that the standard flood insurance policy, together with 
                the endorsements and declarations page, make up the 
                official contract and are controlling in the event that 
                there is any difference between the information on the 
                acknowledgment sheet and the information in the policy; 
                and
                    ``(E) acknowledge that the policyholder has been 
                provided and has reviewed a summary, which may be the 
                policy declarations page, of the total cost, amount and 
                extent of insurance coverage provided under the policy.
    ``(d) Rule of Construction.--This section shall not be construed to 
void or alter the coverage terms of the underlying standard flood 
insurance policy and the corresponding endorsements. In the event that 
the customer does not affirmatively acknowledge the requirements under 
subsection (c)(2), a Write Your Own company may still issue the policy 
on behalf of the National Flood Insurance Program under such terms.''.
    (b) Repeals.--Sections 202 and 203 of the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note) are 
hereby repealed.

SEC. 10. RESERVE FUND AMOUNTS.

    Section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4017) is amended by adding at the end the following new subsection:
    ``(g) Crediting of Reserve Fund Amounts.--Funds collected pursuant 
to section 1310A may be credited to the Fund under this section to be 
available for the purpose described in subsection (d)(1).''.

SEC. 11. SUFFICIENT STAFFING FOR OFFICE OF FLOOD INSURANCE ADVOCATE.

    (a) In General.--Section 24 of the Homeowner Flood Insurance 
Affordability Act of 2014 (42 U.S.C. 4033) is amended by adding at the 
end the following new subsection:
    ``(c) Staff.--The Administrator shall ensure that the Flood 
Insurance Advocate has sufficient staff to carry out all of the duties 
and responsibilities of the Advocate under this section.''.
    (b) Timing.--The Administrator of the Federal Emergency Management 
Agency shall take such actions as may be necessary to provide for full 
compliance with section 24(c) of the Homeowner Flood Insurance 
Affordability Act of 2014, as added by the amendment made by subsection 
(a) of this section, not later than the expiration of the 180-day 
period beginning on the date of the enactment of this Act.

SEC. 12. FEDERAL FLOOD INSURANCE ADVISORY COMMITTEE.

    Section 1318 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4025) is amended to read as follows:

``SEC. 1318. FEDERAL FLOOD INSURANCE ADVISORY COMMITTEE.

    ``(a) Establishment.--There is established an advisory committee to 
be known as the Federal Flood Insurance Advisory Committee (in this 
section referred to as the `Committee').
    ``(b) Membership.--
            ``(1) Members.--The Committee shall consist of--
                    ``(A) the Administrator of the Federal Emergency 
                Management Agency (in this section referred to as the 
                `Administrator'), or the designee thereof; and
                    ``(B) additional members appointed by the 
                Administrator or the designee of the Administrator, who 
                shall include--
                            ``(i) three representatives of Write Your 
                        Own companies;
                            ``(ii) one individual who served in the 
                        past, or is currently serving, as an insurance 
                        regulator of a State, the District of Columbia, 
                        the Commonwealth of Puerto Rico, Guam, the 
                        Commonwealth of the Northern Mariana Islands, 
                        the Virgin Islands, American Samoa, or any 
                        federally-recognized Indian tribe;
                            ``(iii) one representative of the financial 
                        or insurance sectors who is involved in risk 
                        transfers, including reinsurance, resilience 
                        bonds, and other insurance-linked securities;
                            ``(iv) one actuary with demonstrated high-
                        level knowledge of catastrophic risk insurance;
                            ``(v) two insurance agents or brokers with 
                        demonstrated experience with the sale of flood 
                        insurance under the National Flood Insurance 
                        Program, one of whom shall have demonstrated 
                        expertise in the challenges in insuring low-
                        income communities;
                            ``(vi) one insurance claims specialist;
                            ``(vii) one representative of a recognized 
                        consumer advocacy organization; and
                            ``(viii) one representative from an 
                        academic institution who has demonstrated 
                        expertise in insurance.
            ``(2) Qualifications.--In appointing members under 
        paragraph (1)(C), the Administrator shall, to the maximum 
        extent practicable, ensure the membership of the Committee has 
        a balance of members reflecting geographic diversity, including 
        representation from areas inland or with coastline identified 
        by the Administrator as at high risk for flooding or as areas 
        having special flood hazards.
    ``(c) Duties.--The Administrator shall submit, and the Committee 
shall review and make recommendations on, matters related to the 
insurance aspects of the National Flood Insurance Program, including 
ratemaking, technology to administer insurance, risk assessment, 
actuarial practices, claims practices, sales and insurance delivery, 
compensation and allowances, the public-private partnership under the 
Write Your Own arrangement, general best insurance practices, and any 
significant changes proposed to be made regarding the operation of the 
National Flood Insurance Program.
    ``(d) Chairperson.--The members of the Committee shall elect one 
member to serve as the chairperson of the Committee (in this section 
referred to as the `Chairperson').
    ``(e) Compensation.--Members of the Committee shall receive no 
additional compensation by reason of their service on the Committee. 
Members may be reimbursed by the Federal Government for travel 
expenses, including per diem in lieu of subsistence, at rates 
consistent with rates authorized for employees of Federal agencies 
under subchapter 1 of chapter 57 of title 5, United States Code, while 
away from home or regular places of business in performance of service 
for the Committee.
    ``(f) Meetings and Actions.--
            ``(1) In general.--The Committee shall meet not less 
        frequently than twice each year at the request of the 
        Chairperson or a majority of its members, and may take action 
        by a vote of the majority of the members in accordance with the 
        Committee's charter.
            ``(2) Initial meeting.--The Administrator, or a person 
        designated by the Administrator, shall request and coordinate 
        the initial meeting of the Committee.
    ``(g) Transparency; FACA.--To the greatest extent possible, the 
Committee shall operate in a transparent manner that adheres to the 
requirements of the Federal Advisory Committee Act, with the exception 
that the Committee shall be permitted to freely communicate both during 
and between meetings under paragraph (f) in a confidential manner to 
discuss non-public information regarding the operations of the National 
Flood Insurance Program and other sensitive and non-public issues. If 
such communication occurs, the Committee shall, to the greatest extent 
possible, report a summary of such discussions in an appropriate public 
manner.
    ``(h) Staff of FEMA.--Upon the request of the Chairperson, the 
Administrator may detail, on a non-
reimbursable basis, personnel of the Federal Emergency
Management Agency to assist the Committee in carrying out its duties.
    ``(i) Powers.--In carrying out this section, the Committee may hold 
hearings, receive evidence and assistance, provide information, and 
conduct research, as it considers appropriate.
    ``(j) Reports to Congress.--The Administrator, on an annual basis, 
shall report to the Committee on Financial Services of the House of 
Representatives, the Committee on Banking, Housing, and Urban Affairs 
of the Senate, and the Office of Management and Budget on--
            ``(1) the recommendations made by the Committee;
            ``(2) actions taken by the Federal Emergency Management 
        Agency to address such recommendations to improve the insurance 
        aspects of the national flood insurance program; and
            ``(3) any recommendations made by the Committee that have 
        been deferred or not acted upon, together with an explanatory 
        statement.
    ``(k) Rule of Construction.--This section shall not be construed to 
eliminate or alter any requirement on the Administrator associated with 
the notification or consultation of specified individuals or groups of 
individuals as required elsewhere by statute.''.

SEC. 13. INTERAGENCY GUIDANCE ON COMPLIANCE.

    The Federal entities for lending regulation (as such term is 
defined in section 3(a) of the Flood Disaster Protection Act of 1973 
(42 U.S.C. 4003(a))), in consultation with the Administrator of the 
Federal Emergency Management Agency, shall update and reissue the 
document entitled ``Interagency Questions and Answers Regarding Flood 
Insurance'' not later than the expiration of the 12-month period 
beginning on the date of the enactment of this Act and not less 
frequently than biennially thereafter.

SEC. 14. GAO STUDY OF CLAIMS ADJUSTMENT PRACTICES.

    The Comptroller General of the United States shall conduct a study 
of the policies and practices for adjustment of claims for losses under 
flood insurance coverage made available under the National Flood 
Insurance Act, which shall include--
            (1) a comparison of such policies and practices with the 
        policies and practices for adjustment of claims for losses 
        under other insurance coverage;
            (2) an assessment of the quality of the adjustments 
        conducted and the effects of such policies and practices on 
        such quality;
            (3) identification of any incentives under such policies 
        and practices that affect the speed with which such adjustments 
        are conducted; and
            (4) identification of the affects of such policies and 
        practices on insureds submitting such claims for losses.
Not later than the expiration of the 18-month period beginning on the 
date of the enactment of this Act, the Comptroller General shall submit 
a report to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate regarding the findings and conclusions of the 
study conducted pursuant to this section.

SEC. 15. GAO STUDY OF FLOOD INSURANCE COVERAGE TREATMENT OF EARTH 
              MOVEMENT.

    The Comptroller General of the United States shall conduct a study 
of the treatment, under flood insurance coverage made available under 
the National Flood Insurance Act, of earth movement and subsidence, 
including earth movement and subsidence caused by flooding, which shall 
include--
            (1) identification and analysis of the effects of such 
        treatment on the National Flood Insurance Program and insureds 
        under the program;
            (2) an assessment of the availability and affordability of 
        coverage in the private insurance market for earth movement and 
        subsidence caused by flooding;
            (3) an assessment of the effects on the National Flood 
        Insurance Program of covering earth movement and subsidence 
        caused by flooding; and
            (4) a projection of the increased premiums that would be 
        required to make coverage for earth movement losses actuarially 
        sound and not fiscally detrimental to the continuation of the 
        National Flood Insurance Program.
Not later than the expiration of the 18-month period beginning on the 
date of the enactment of this Act, the Comptroller General shall submit 
a report to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate regarding the findings and conclusions of the 
study conducted pursuant to this section.

SEC. 16. DEFINITIONS.

    (a) National Flood Insurance Act of 1968.--Subsection (a) of 
section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4121(a)) is amended--
            (1) in paragraph (14), by striking ``and'' at the end;
            (2) in paragraph (15), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(16) the term `Write Your Own Program' means the program 
        under which the Federal Emergency Management Agency enters into 
        a standard arrangement with private property insurance 
        companies to sell contracts for flood insurance coverage under 
        this title under their own business lines of insurance, and to 
        adjust and pay claims arising under such contracts; and
            ``(17) the term `Write Your Own company' means a private 
        property insurance company that participates in the Write Your 
        Own Program.''.
    (b) Biggert-Waters Flood Insurance Reform Act of 2012.--Subsection 
(a) of section 100202 of the Biggert-Waters Flood Insurance Reform Act 
of 2012 (42 U.S.C. 4004(a)) is amended by striking paragraph (5) and 
inserting the following new paragraph:
            ``(5) Write your own.--The terms `Write Your Own Program' 
        and `Write Your Own company' have the meanings given such terms 
        in section 1370(a) of the National Flood Insurance Act of 1968 
        (42 U.S.C. 4121(a)).''.
                                                 Union Calendar No. 209

116th CONGRESS

  1st Session

                               H. R. 3111

                          [Report No. 116-261]

_______________________________________________________________________

                                 A BILL

To make administrative reforms to the National Flood Insurance Program 
to increase fairness and accuracy and protect the taxpayer from program 
                fraud and abuse, and for other purposes.

_______________________________________________________________________

                            October 28, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```